Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Minimum Age Convention, 1973 (No. 138) - Zambia (Ratification: 1976)

The Committee notes the Government’s report of September 2008. It also notes the information supplied by the Government representative of Zambia at the Conference Committee on the Application of Standards in June 2008 concerning the application of Convention No. 138.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee had previously noted that section 7(1) of the Employment of Women, Young Persons and Children’s Act (hereinafter, the EWYPCA) of 1967 authorizes the employment of persons under 16 years of age in an undertaking where only members of the same family are employed. It had noted that draft amendments to the EWYPCA extend its scope of application to undertakings in which members of the family are employed and to domestic workers. Accordingly, the Committee had requested the Government to supply a copy of the EWYPCA (Amendment) of 2004.

The Committee notes with satisfaction that section 4A of the Employment of Young Persons and Children (Amendment) Act of 2004 (hereinafter EYPC (Amendment) Act of 2004) prohibits the employment of a child (defined as a person under 15 years of age) in any covered site. Section 3 of the EYPC (Amendment) Act of 2004 defines a “covered site” as any public or private undertaking, including any commercial, agricultural or domestic worksite and any undertaking in which only members of the same family are employed.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously observed the International Trade Union Confederation’s (ITUC) allegation that 25 per cent of primary-school age children do not receive any schooling and that in 1999 less than 29 per cent of children reached the secondary school level. The Committee had noted the Government’s indication that it is making tremendous efforts to ensure that the minimum age for admission to employment is not less than the age of completion of compulsory schooling. It had also noted the Government’s indication that a number of bursary schemes for orphaned and vulnerable children, a return to school policy for pregnant teenage girls, and skills training programmes for children withdrawn from streets as well as from child labour were being introduced.

The Committee notes the information provided by the worker members at the Conference Committee in June 2008 that Zambia does not yet have a system of free, compulsory, formal, public education and therefore it would not be able to succeed in eliminating child labour. The worker members also stated that due to the abolition of school fees the total enrolment rates at school had increased, and the number of out-of-school children had fallen from 760,000 to 228,000 between 1999 and 2005. However, disadvantaged children were still two to three times less likely to be in school than other children. The Conference Committee had welcomed the Government’s commitment to implement the Convention through various measures, including through the provision of inclusive education and appropriate training opportunities, the construction of additional classrooms, the recruitment of additional qualified teachers in rural areas and the establishment of district child labour committees. However, considering that free, compulsory education is one of the most effective means of combating and preventing child labour, the Conference Committee had urged the Government to ensure that legislation fixing the age of completion of compulsory schooling which corresponds to the minimum age for employment of 15 years be adopted shortly. Further, the Conference Committee had strongly encouraged the Government to continue its efforts to provide free and compulsory education for all children.

The Committee notes the Government’s information in its report that there had been a remarkable decline in the number of out-of-school children. According to the Education Statistical Bulletins of 2006, only 11.2 per cent of out-of-school children between the ages of 7 and 18 were recorded in 2006. The Education Statistical Bulletins of 2006 revealed that during the period from 2006 to 2007, the number of schools offering primary education increased from 4,021 to 4,269 and the number of schools offering secondary education increased from 2,221 to 2,498. The Government states that the gross enrolment ratio for grades one to nine has increased steadily from 2003 to 2007. The Government also indicates that it has adopted a policy to upgrade primary schools into basic schools in order to ensure that children have access to basic education up to grade nine.

The Committee also notes the information provided by the Government in its report under Convention No. 182 that it has developed a national HIV/AIDS policy to address the situation of children affected and orphaned by HIV/AIDS. Within the framework of this policy, an increased number of children have been prevented and withdrawn from HIV/AIDS-induced child labour and integrated into formal and informal schools. The Committee also notes the Government’s statement that primary education has been made free and compulsory and the various policies in place have encouraged parents to send their children to school.

The Committee notes that according to the Child Labour Survey Report of 2005, about 1,185,033 children between the ages of 5 and 17 were in school (624,417 boys and 560,616 girls) out of which 49 per cent were child labourers. It also notes the incidence of child labour which was estimated at 895,000 of which 46 per cent were children between the ages of 10 to 14. The results indicated that child labour is predominantly a rural phenomenon with 92 per cent of all working children residing and working in rural areas. The Committee further notes the statistics provided by the Educational Statistical Bulletin of 2006 which reveals that there were 93,451 out-of-school children between the ages of 7 and 15. According to the UNESCO report entitled “Education for All by 2015: Will we make it?”, in Zambia the primary net enrolment rates have increased by more than 20 per cent between 1999 and 2005. The Committee appreciates the efforts made by the Government and observes that poverty is one of the prime causes of child labour and that the HIV/AIDS pandemic has left a lot of children parentless. The Committee is nevertheless concerned by the number of out-of-school children as well as the number of children attending school who are involved in child labour in the country. In view of the fact that compulsory schooling is one of the most effective means of combating child labour, the Committee urges the Government to redouble its efforts to improve the functioning of the education system, including through the introduction of compulsory schooling up to 15 years, by increasing the school enrolment rates and reducing school drop-out rates, especially among child orphans of HIV/AIDS and children in the rural areas so as to prevent the engagement of these children in child labour. It requests the Government to continue providing information on the measures taken to this end and the results achieved. The Committee also requests the Government to indicate the legal provisions establishing free compulsory education at the primary level and to provide a copy thereof along with its next report.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that the EYPC (Amendment) Act of 2004 does not contain a list of types of “work that, by its nature or circumstances in which it is carried out, is likely to harm the health, safety or morals of children or young persons” (section 4(d) of the Act). It had noted the Government’s indication that a “statutory instrument” was formulated to enforce the EYPCA (Amendment) Act of 2004, as well as to serve as Zambia’s hazardous work list. The Committee notes with interest the information provided by the Government in its report under Convention No. 182 that, the proposed “statutory instrument on hazardous work” prohibits work in a covered worksite in any of the following types of occupations: excavation/drilling; stone crushing; block/brick making; building; roofing; painting; tour guiding; selling/serving in bars; animal herding; fishing; working in tobacco and cotton fields; spraying of pesticides, herbicides and fertilizers; handling farm machinery and processing in industries.  It further notes that section 3(a) of the EYPC (Amendment) Act of 2004 defines a child as a person under the age of 15 years and section 3(e) defines a young person as a person aged between 15 and 18 years. It finally notes the Government’s indication that the social partners and all stakeholders were consulted in drafting the above list of types of hazardous work. The Committee expresses the firm hope that the statutory instrument containing the list of types of hazardous work will be adopted soon and requests the Government to provide a copy of the same once it has been adopted.

Article 7. Light work. The Committee had previously noted the Government’s indication that the statutory instrument determining light work activities has been formulated, and had requested the Government to provide a copy of the same once it had been adopted. The Committee notes that the Government has neither supplied a copy of the above statutory instrument nor has provided any information regarding its adoption. The Committee once again requests the Government to provide a copy of the statutory instrument determining light work activities as soon as it has been adopted.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted the ITUC’s allegation that child labour in Zambia is almost non-existent in the formal economy. However, children are reported to work in the unregulated economy, often in dangerous or harmful work. According to the ITUC, children are mostly found in agriculture, domestic service, small-scale mining operations, stone crushing and pottery. It had noted the Government’s information on the results achieved following the implementation of the projects with the support of ILO–IPEC. Noting that a large number of children under the age of 15 years continue to work in the informal sector, the Committee had requested the Government to renew its efforts to progressively improve this situation.

The Committee notes that the Conference Committee in June 2008 had noted that the Government had taken a number of measures to address the situation of children under the minimum age who worked in the informal sector, often in hazardous work. The Conference Committee had encouraged international cooperation in order to promote poverty eradication, sustainable and equitable development and the elimination of child labour. The Conference Committee had strongly encouraged the Government to improve the situation by taking the necessary measures to further strengthen the capacity of the labour inspectorate and to promote the work of district child labour committees.

The Committee notes the Government’s indication that it is committed to combat child labour despite many difficulties such as the rampant nature of the problem in the informal sector. According to the Government’s report, Zambia, like many other developing countries, was confronted with the challenges of growth and development coupled with rapid expansion of the informal economy as an alternative source of livelihood for the majority of the poor. The Government further states that, despite these challenges, it has taken a number of measures in collaboration with ILO–IPEC and progress has been made in reducing the high incidence of child labour in the most predominant informal economic activities such as agriculture and quarrying. The Committee notes that according to the Child Labour Survey Report of 2005, out of the 895,000 child labourers in the country, 853,000 were engaged in agricultural activities.

The Committee notes the Government’s information in its report under Convention No. 182 that according to the Labour Department Annual Report of 2006, labour officers inspected about 1,020 workplaces every year. In 2006, no cases of child labour were highlighted in the formal sector although some cases of child labour were found in the informal sector. The Committee also notes that 11 district child labour committees have been established. They are entrusted with the mandate to monitor the implementation of programmes to sensitize the public on child labour and its worst forms as well as programmes to withdraw, rehabilitate and reintegrate identified children. The Committee further notes that a National Child Labour Action Plan is being envisaged within the Time-bound Programme (TBP) and the draft document would be ready by December 2008. The Committee requests the Government to provide information on the measures adopted within the framework of the new National Child Labour Action Plan of 2008 for the elimination of child labour, especially in the informal sector. It also requests the Government to redouble its efforts to adapt and strengthen the labour inspection services in the informal sector, in order to ensure that the protection established by the Convention is ensured for children working in this sector. The Committee further requests the Government to provide information on the number of children withdrawn from child labour and rehabilitated pursuant to the implementation of the programmes monitored by the district child labour committees.

The Committee encourages the Government to take into consideration the Committee’s comments on discrepancies between national legislation and the Convention. The Committee invites it to consider technical assistance from the ILO.